With an office in Alexandria, Virginia, attorney William J. Kovatch, Jr. provides quality immigration law services to individuals and businesses. This blog explores recent developments in immigration law, from immigration reform to court cases affecting immigration issues. To put this experienced immigration lawyer to work for you, call now for an appointment: (703) 837-8832.
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When it appeared that the wheels were coming off of the Obamacare band wagon, House Republicans saw no reason to push for immigration reform in 2013. Indeed, the momentum had shifted in Washington, placing Democrats on the defensive.

Republicans Don't Trust Obama

One theme that emerged from the demise of immigration reform last week was that House Republicans just don't trust President Obama. The main issue is that of border security. GOP leader had tried to sell reform to rank and file party members by promising that any pathway to legal status for undocumented aliens already present in the country would be tied to greater border security. When conservative House Republicans voiced resistance to the leadership's principles, it prompted Boehner to say, "Listen, there’s widespread doubt about whether this administration can be trusted to enforce our laws."

If the President was trying to earn such trust, he had done himself no favors in the State of the Union Address. There, he was seen as throwing the down the gauntlet, threatening unilateral executive action if Congress would not bend to his will in passing certain legislation in the remainder of the President's term. Indeed, the President's reputation for acting unilaterally, and in the eyes of any conservatives unconstitutionally, on immigration issues is well-earned. When Congress did not pass the DREAM Act, for example, the President responded by implementing his Deferred Action for Childhood Arrivals program unilaterally. House Republicans fear that even if reform legislation included border security requirements, this President will simply refuse to enforce them.

Republicans Are Now Focused on the Mid-Term Elections

As I wrote last week, the Republicans are now very optimistic of winning control of both houses of Congress in the mid-term elections. Democratic control of the Senate is in jeopardy, in part due to the continued unpopularity of Obamacare. In the House, many GOP members are from "safe" districts, where the real electoral threat comes not from a Democratic challenger in the general election, but from a more conservative challenger in the primary election.

Many conservatives see supporting any immigration reform that includes any type of "amnesty" as political suicide. Not only will it alienate more conservative voters, but it would only eventually add to the number of voters who support Democrats, as the undocumented aliens are overwhelmingly Latino. Should the undocumented eventually become citizens, then the number of Latino voters will rise. Given the huge majorities which Latinos gave the President in 2012, conservatives believe that adding so many Latino voters to the rolls will relegate the Republicans to a permanent minority party.

Democrats Couldn't Care Less if Immigration Reform Actually Passes

Meanwhile, Democrats are in no hurry to have immigration reform actually become law. The reason is that it continues to give Democrats a political issue to bash Republicans over the head with in national elections. Democrats can easily be seen as supporting immigration reform by pushing for legislation. But, if the Republicans continue to oppose reform, Democrats can point the finger at the GOP and continue to use the issue to garner Latino and Asian support.

So Long as Republicans Have Legislative Power, Immigration Reform Remains in Doubt

The last time that immigration reform came close to passage, it was in 2006, when Republican George Bush was president, and the Republicans controlled both houses of Congress. The Comprehensive Immigration Reform Act of 2006 included a guest worker program and a pathway to citizenship. If Republicans really intended to pass reform, they had the political power to do so. However, reform died in December of 2006, in the lame duck session, as many Republicans who has previously supported reform turned on the bill, in the wake of the Republicans 2006 electoral defeat.

Similar to the current political climate, conservatives who opposed reform gained momentum and worked to block passage.

I have practiced before Judge Burman. I find him fair, personable and knowledgeable, which is really all you want in any judge. He also can have a dry sense of humor. Today, when confirming a woman's address, he noted that she lived on John Marshall Street. He asked her if she knew who John Marshall was. When she responded that she didn't, Judge Burman told her that not only was he a Chief Justice of the Supreme Court, but also an officer who served with General Washington in the Colonial Army. He then commented that under current US law, this would make him a terrorist (which is true).

Much of my practice is before the Arlington Immigration Court, which I enjoy very much. If you need representation in an immigration matter, call the number below for an appointment.

After Mitt Romney's loss in the 2012 Presidential elections, the conventional wisdom was that the Republicans had to support some degree of immigration reform that included the granting of legal status to the undocumented aliens already present in the country if they were to remain competitive in national elections. This was due to the overwhelming majorities that Latino and Asian voters gave the President. What happened since then?

In truth, House Republicans are focused on the 2014 mid-term Congressional elections. Most House Republicans come from "safe" districts, where the election of a Republican is almost certain. Support for any immigration reform that can be seen as amnesty would more likely result in a credible challenge in the primaries, and not in the election of a Democrat.

Add to this situation the President's recent troubles with the cornerstone of his Administration: Obamacare. With the program becoming increasingly unpopular, there is a real possibility that the Republicans may be able to take the Senate in the mid-term elections too.

With this political climate, then, the passage of immigration reform, which seemed to be a sure thing in late 2012, early 2013, is not a sure thing. Those who may have been waiting to see if reform would pass instead of acting on legal possibilities now may be well advised to re-think that strategy.

To discuss what possibilities may be available under the law, call now for an appointment.

About Me

William J. Kovatch, Jr. is a lawyer practicing immigration law in the Northern Virginia and metropolitan Washington, DC area. With an office in Alexandria, he is conveniently located near the Immigration Court in Arlington, the Immigration and Customs Enforcement (ICE) Field Office in Fairfax, and the U.S. Citizenship and Immigration Service (USCIS) Field Office in Fairfax. William handles all immigration matters: employment immigration, family immigration, asylum applications and removal/deportation proceedings.